1931773 (Refugee)

The applicant, a national of China, sought review of a decision to refuse her protection visa. The dispute centred on her claims of persecution based on her religious beliefs and activities, specifically her association with Christianity in China. The applicant had lodged her protection visa application in April 2019, which was refused by the Department of Home Affairs in October 2019. She subsequently applied to the Tribunal for a review of this decision.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for reasons of her religion, specifically Christianity, should she be returned to China. This involved assessing the credibility of her claims, the consistency of her evidence, and whether her past religious activities, including church attendance, assisting a friend selling religious books, and subsequent hiding, placed her at real risk of serious harm in China. The Tribunal also considered her activities in Australia, such as baptism and low-level church attendance, in light of the country information available.

In reaching its decision, the Tribunal considered all documentary evidence and the applicant's oral evidence. The Tribunal noted inconsistencies in the applicant's claims and evidence, as well as delays in her obtaining a visa and departing China without difficulty. The Tribunal also took into account country information and relevant guidelines concerning refugee and complementary protection. The Tribunal concluded that the applicant's claims were not substantiated to the required standard.

The Tribunal affirmed the decision under review, meaning the applicant's protection visa application was ultimately unsuccessful.